IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Alcoholic Beverage Commission Correction of Error The Texas Alcoholic Beverage Commission proposed an amendment to sec.37.45, concerning the record in contested cases before the commission. The rule appeared in the December 22, 1995, issue of the Texas Register (20 TexReg 10947). Due to an error in publication, new paragraph (c) was left out, it should have read: "(c) The party seeking judicial review of a commission order shall pay all costs for the preparation of the record required to be sent to the reviewing court." Texas Education Agency Correction of Error The Texas Education Agency (TEA) adopted the new of sec. sec.101.1-101.6, concerning student assessment. The rules appeared in the November 21, 1995, issue of the Texas Register (20 TexReg 9691). An error as submitted appeared in the preamble, the preamble states that, in response to comments from San Antonio ISD, the Texas Education Agency "... agreed to make this clarificaiton to sec.101.3(c)." The agency response should read as follows. "Agency Response. No change was made to the rule text. Agency legal staff have determined that the Texas Education Code does not provide the State Board of Education with rulemaking authority related to future exemption from testing for students dismissed from special education." General Land Office Correction of Error The School Land Board submits the following non-substantive changes in the format of adopted sec.155.15 as published in the November 17, 1995, issue of the Texas Register (20 TexReg 9577). Section 155.15(b)(2)(C)-(I) have been renumbered and relettered in order to accommodate format requirements of the Office of the Secretary of State, Texas Register Division. In addition, the title of sec.155.15(b)(2)(C) has been clarified, requiring a new sec.155. 15(b)(2)(D) heading to facilitate the required format change. Future citations or references to this rule will reflect the numbering and lettering which appears as follows. TEXT Chapter 155. LAND RESOURCES COASTAL PUBLIC LANDS sec.155.15. Fees. (a) (No change.) (b) School Land Board fees and charges. The School Land Board is authorized and required under the Natural Resources Code, Chapter 33, to collect the fees and charges set forth in this subsection where applicable. (1) (No change.) (2) Coastal fees and charges. The School Land Board will charge the following coastal lease and coastal easement fees for use of coastal public land, and will charge the following structure registration and permit fees. The School Land Board charge will be based on either the fixed fee schedule or the alternate commercial, industrial, residential, and public formulas as delineated in subparagraphs (C) and (D) of this paragraph. The greater of the fixed fee or formula rate will be charged. (A)-(B) (No change.) (C) Miscellaneous coastal easement fees: (i)-(iii) (No change.) (D) Coastal easement fees: (i) piers and docks: (I) residential use: Category I: (-a-) filing fee: $25; (-b-) annual fee: $.03 per square foot/$25 minimum; (II) residential use: Category II: (-a-) filing fee: $50; (-b-) annual fee: 75% of fee calculated for same use as a commercial activity/$100 minimum; (III) commercial: (-a-) filing fee: $50; (-b-) evaluation fee: $50; (-c-) annual fee: $.20 per square foot/$100 minimum; (IV) Other, private non-profit use: (-a-) filing fee: $50; (-b-) annual fee: negotiable/$100 minimum. (ii) marinas: (I) Clear Lake: (-a-) filing fee: $50; (-b-) evaluation fee: $50; (-c-) annual fee: $4.00 per boat slip linear foot; (II) residential use: Category II: (-a-) filing fee: $50; (-b-) annual fee: 75% of fee calculated for same use as a commercial activity; (III) other: (-a-) filing fee: $50; (-b-) evaluation fee: $50; (-c-) annual fee: $3.00 per boat slip linear foot; (iii) wharf: (I) filing fee: $50; (II) evaluation fee: $50; (III) annual fee: $.30 per square foot/$100 minimum; (iv) breakwaters, jetties, and groins: (I) residential-Category I: (-a-) filing fee: $25; (-b-) annual fee: $.20 per square foot/$25 minimum; (II) residential-Category II: (-a-) filing fee: $50; (-b-) annual fee: 75% of fee calculated for same use as a commercial activity/$100 minimum; (III) commercial activity: (-a-) filing fee: $50; (-b-) evaluation fee: $50; (-c-) annual fee: $.20 per square foot/$100 minimum; (v) dredged area: (I) mineral interest holder: (-a-) filing fee: $50; (-b-) evaluation fee: $50 (-c-) annual fee: (-1-) first year fee for a new dredged area: $.02 per square foot/$100 minimum; (-2-) fee for maintaining a dredged area after first year of easement: $.005 per square foot/$100 minimum; (II) residential-Category I: (-a-) filing fee: $50; (-b-) annual fee: (-1-) first year fee for a new dredged area: $.03 per square foot/$25 minimum; (-2-) fee for maintaining a dredged area after first year of easement: $.005 per square foot/$25 minimum; (III) residential-Category II: (-a-) filing fee: $50; (-b-) annual fee: 75% of fee calculated for same use as commercial activity/$100 minimum; (IV) commercial activity: (-a-) filing fee: $50; (-b-) evaluation fee: $50; (-c-) annual fee: (-1-) first year fee for a new dredged area: $.05 per square foot/$100 minimum; (-2-) fee for maintaining a dredged area after first year of easement: $.01 per square foot/$100 minimum; (vi) Open encumbered area: (I) residential-Category I: (-a-) filing fee: none; (-b-) annual fee: none; (II) residential-Category II: (-a-) filing fee: $50; (-b-) annual fee: 75% of fee calculated for same use as commercial activity/$100 minimum; (III) commercial activity: (-a-) filing fee: $50; (-b-) evaluation fee: $50; (-c-) annual fee: $0.03 per square foot/$100 minimum; (IV) Other, private non-profit use: (-a-) filing fee: $50; (-b-) evaluation fee: $50; (-c-) annual fee: negotiable/$100 minimum. (vii) basin: commercial and industrial activity: (I) industrial activity: (-a-) filing fee: $50; (-b-) annual fee: basin formula, industrial activity; (-c-) evaluation fee: $50; (II) commercial activity: (-a-) filing fee: $50; (-b-) annual fee: basin formula, commercial activity; (-c-) evaluation fee: $50; (viii) fill area: all activity: (I) commercial/industrial: (-a-) filing fee: $50; (-b-) annual fee: $.20 per square foot, $100 minimum, or fill formula; (-c-) evaluation fee: $50; (II) private activity/public activity: (-a-) filing fee: $50; (-b-) annual fee: $.10 per square foot or fill formula, whichever is greater/$25 minimum. (ix) Shoreline stabilization project: (I) All activities authorized by sec.155.1(b)(2)(A)-(C) of this title (relating to General Provisions); (-a-) filing fee: $15; (-b-) annual fee: none. (II) Others: (-a-) filing fee: $25; (-b-) annual fee: negotiable/$.03 per square foot/$25 minimum. (x) Boat ramps, concrete stairs, concrete slabs: (I) residential-Category I: (-a-) filing fee: $25; (-b-) annual fee: $.03 per square foot/$25 minimum; (II) residential-Category II: (-a-) filing fee: $50; (-b-) annual fee: 75% of fee calculated for same use as a commercial activity/$100 minimum; (III) commercial activity: (-a-) filing fee: $50; (-b-) evaluation fee: $50; (-c-) annual fee: $.20 per square foot/$100 minimum; (IV) Other, private non-profit use: (-a-) filing fee: $50; (-b-) annual fee: $100. (E) Structure (cabin) permits: (i) fees: (I) refundable deposit: $200; (II) annual fee for all structures excluding piers, docks, and walkways will be calculated at $.60 per square foot per year; (III) contract renewal: $175; (IV) new contract issuance: $325; (V) late payment fee: 25% of past due amount; (VI) minimum annual payment: $175; (ii) permittee may apply for a continuation of the previous fee if the permit was issued prior to July 18, 1983 (the date of the initial rate increase), and if the annual fee will impose an undue financial hardship on a current permit holder. (F) Resource Impact Fee: (i) Public use piers and residential piers constructed within guidelines: exempt; (ii) All others: $100 plus $1.00 per square foot of impacted area. (G) Term. The term for all coastal leases and coastal easements is negotiable. School Land Board approval is required prior to construction. (H) Rental adjustments-all commercial and industrial easements: At every five-year interval in the term of commercial and industrial easements, the rental fee for the easement will be subject to adjustment. The adjustment, if any, will be in accordance with the then current Fee Schedule as adopted by the School Land Board. (I) Discretionary authority. The School Land Board may reduce or waive any fee set forth herein if such action would be in the public's best interest as determined by the School Land Board. (J) Implementation. (i) New residential developments. Upon the application for an easement associated with the development of a multi-unit or single-family residential project, the easement application will be processed and fee determined according to the appropriate commercial activity rate. Upon the sale of an individual residential unit associated with the easement, with sufficient infrastructure in place to convert use of the unit to individual use (and use of associated easement to private activity), the original easement applicant, upon agreement with the commissioner of the General Land Office, may pay a $50 conversion fee. The easement fee may then be reduced by the percentage that the sold unit represented to the total number of units associated with the easement. At the time the conversion fee is paid under the provisions herein, the unit will then be considered to be subject to the residential activity rates upon renewal of the easement. For units already sold prior to the effective date of this section, conversion to a residential activity rate will be granted without the payment of the conversion fee. (ii) Additional terms. The commissioner of the General Land Office may require, as a condition for the granting of an easement set forth in this section, such additional terms that he feels are necessary to secure performance under any such easement. Issued in Austin, Texas, on January 2, 1996. TRD-9600008 Garry Mauro Commissioner General Land Office Filed: January 2, 1996 Texas Natural Resource Conservation Commission Enforcement Orders An agreed enforcement order was entered regarding ARMCO, INC., Docket Number 94-0259-IWD-E (Permit Number 00509) on December 19, 1995, assessing $7, 000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-0678. An agreed enforcement order was entered regarding ENVIRONMENTAL INSIGHT, INC., Docket Number 95-1674-MSW-E (MSW Registration Number 85149) on December 19, 1995, assessing $28,800 in administrative penalties with $13,600 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Shepherd, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-0464. An agreed enforcement order was entered regarding DANIEL McKEE AND McKEE WATER SERVICE COMPANY DOING BUSINESS AS RIVER COUNTRY ACRES, Docket Number 95-1258- PWS-E (PWS Number 1110045, CCN Number 11566) on November 22, 1995, assessing $6,550 in administrative penalties with $6,000 deferred. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-6259. An agreed enforcement order was entered regarding ROBERT W. H. FONG DOING BUSINESS AS GRANDVIEW TERRACE APARTMENTS, Docket Number 95-1429-PWS-E (PWS Number 0680139, No CCN Number) on November 22, 1995, assessing $1,080 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Steve Shepherd, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-0464. An agreed enforcement order was entered regarding SCOTTSVILLE WATER SYSTEM, Docket Number 95-1013-PWS-E (PWS Number 1020006, CCN Number 10363) on November 22, 1995, assessing $1,530 in administrative penalties with $330 deferred. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-6259. An agreed enforcement order was entered regarding the CITY OF SMYER, Docket Number 95-1481-PWS-E (PWS Number 1100010, CCN Number 10606) on December 4, 1995, assessing $10,000 in administrative penalties with $8,000 deferred. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-6259. An agreed enforcement order was entered regarding BILL IVEY DOING BUSINESS AS TERLINGUA GHOST TOWN, Docket Number 95-1355-PWS-E (PWS Number 0220031) on December 15, 1995, assessing $1,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-6259. An agreed enforcement order was entered regarding LOUIS W. BERGMAN III DOING BUSINESS AS PINE MEADOWS SUBDIVISION, Docket Number 95-0190-PWS-E (PWS Number 1460138) on December 15, 1995, assessing $10,000 in administrative penalties with $9,700 deferred. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-6259. An agreed enforcement order was entered regarding SHELBYVILLE WATER SUPPLY CORPORATION, Docket Number 95-1010-PWS-E (PWS Number 2100014, CCN Number 10395) on December 15, 1995, assessing $1,530 in administrative penalties with $765 deferred. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-6259. An agreed enforcement order was entered regarding DARRELL HALL DOING BUSINESS AS RIVER OAKS/SUNSHINE ACRES, Docket Number 95-1449-PWS-E (PWS Number 1450017) on December 15, 1995, assessing $830 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-6259. An agreed enforcement order was entered regarding GULF COAST KENWORTH TRUCK AND TRAILER L.C., Docket Number 95-1511-PWS-E (PWS Number 1010824) on December 15, 1995, assessing $830 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-6259. An agreed enforcement order was entered regarding KARNES CITY, Docket Number 95-1531-PWS-E (PWS Number 1280001, CCN Number 11258) on December 15, 1995, assessing $3,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-6259. An agreed enforcement order was entered regarding NORTH HUNT WATER SUPPLY CORPORATION, Docket Number 95-1453-PWS-E (PWS Number 1160039, CCN Number 11206) on December 19, 1995, assessing $3,200 in administrative penalties with $2, 400 deferred. Information concerning any aspect of this order may be obtained by contacting Greg Warmink, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-3400. An agreed enforcement order was entered regarding OLIVER GIBSON DOING BUSINESS AS CRESSON WATER WORKS, Docket Number 95-0219-PWS-E (PWS Number 1260053, CCN Number 11472) on December 19, 1995, assessing $1,500 in administrative penalties with the entire amount deferred. Information concerning any aspect of this order may be obtained by contacting Tom Corwin, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-5915. Issued in Austin, Texas, on December 29, 1995. TRD-9516853 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 29, 1995 Notice of Application for Municipal Solid Waste Management Facilities- For the Week Ending December 29, 1995 APPLICATION BY WASTE TECHNOLOGIES, INC., Proposed Permit Number MSW2248, authorizing a Type VGG (Non-hazardous and non-industrial grease trap) municipal solid waste management facility permit. The proposed permit authorizes the solid waste management facility to receive approximately 100, 000 gallons of non- hazardous municipal and commercial grease trap waste per day for processing. The facility covers approximately 0.809 acres of land and is to be located at 10360 U.S. Highway 90 West, on the south frontage road of U.S. Highway 90 approximately 1,500 feet east of State Highway Loop 1604, just outside the city limits of San Antonio, in Bexar County, Texas The Executive Director will issue the permit unless one or more persons file written protests and/or requests for hearing within 30 days of the date of newspaper publication of this notice. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address, and daytime phone number; the application number, TNRCC docket number or other recognizable reference to the application; the statement "I/we request an evidentiary public hearing"; a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and a description of the location of your property relative to the applicant's operations. If one or more protests and/or requests for hearing are filed on an application, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where an evidentiary hearing may be held. If no protests and/or requests for hearing are filed on an application, the Executive Director will approve the application. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing or questions concerning procedures should be submitted in writing to the TNRCC, Chief Clerk's Office, P.O. Box 13087, Mail Code 105, Building F, Room 4301, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Issued in Austin, Texas, on December 29, 1995. TRD-9516856 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 29, 1995 Notices of Application for Permits to Appropriate Public Waters of the State of Texas Notices of application for permits to appropriate public waters of the State of Texas issued during the period of December 11-29, 1995. APPLICATION BY BASHARDT, LIMITED to authorize the diversion of 14 acre-feet of water per annum from the North Fork Guadalupe River, Guadalupe River Basin. Application Number 5541 has been assigned to this application. Water will be diverted from the North Fork Guadalupe River to irrigate 15 acres of land out of an 86.86-acre tract of land located approximately 12 miles north of Kerrville, Kerr County, Texas. Further described as being located within the G. C. and S.F.R.R. Co. Survey Number 1577, Abstract 905 and the J. M. Eller Survey Number 629, Abstract Number 133, Kerr County, Texas. Ownership of all the land is evidenced by a Warranty Deed recorded in Volume 535, Page 156 in the Official Public Records of Real Property of Kerr County on January 9, 1990. Water will be diverted from the North Fork Guadalupe River by a pump at a maximum rate of 0.67 cfs (300 gpm). Diversions will occur at a point bearing 1, 500 feet directly east of the northwest corner of the aforesaid J. M. Eller Survey, also being located at Latitude 30.0696 degrees north, Longitude 99. 3438 degrees west in Kerr County, Texas. A water conservation plan has also been submitted. APPLICATION BY CITY OF DALLAS to amend Certificate of Adjudication Number 08- 2462, as amended, pursuant to Texas Water Code, sec.11.122, and Texas Natural Resource Conservation Commission Rules 30 TAC sec.sec.295.1, et seq. Certificate of Adjudication Number 04-2462, as amended, includes authorization for the City of Dallas to divert and use, with a time priority of February 2, 1955, not to exceed 9,510 acre-feet of water per annum from Lake Ray Hubbard in Dallas, Rockwall, Collin, and Kaufman counties on the East Fork of the Trinity River, tributary of the Trinity River in the Trinity River Basin for industrial uses. The certificate, as amended, also includes authorization, in accordance with a water supply agreement dated October 13, 1982, with the City of Garland, for the diversion and use of not to exceed 180 acre-feet of water per annum at a maximum rate of 750 gallons per minute from a point on Rowlett Creek approximately 19 miles northeast of Dallas, Texas, for irrigation use. Rowlett Creek is a tributary of Lake Ray Hubbard. The irrigation use authorization has a time priority of February 2, 1955. In accordance with a March 24, 1993 "Untreated Water Purchase Contract" between the City of Garland and the City of Dallas (designed to replace the aforesaid October 13, 1982 agreement) and a February 8, 1995 "First Amendment to the Contract" (dated February 10, 1967) between Dallas Power and Light Company and the City of Dallas, the applicant seeks to amend Certificate of Adjudication Number 08-2462, as amended, by: 1) changing the purpose of the use of 298 acre-feet per annum of the 9,510 acre-feet of water per annum now authorized for diversion from Lake Ray Hubbard for industrial use to irrigation use; 2) allowing diversion of this irrigation water by the City of Garland from a diversion point on Rowlett Creek approximately 3,000 feet downstream from that now included in the certificate, as amended, at a maximum rate of 1,000 cubic feet per second for irrigation (the requested additional diversion point is at Latitude 32.970 degrees north and Longitude 96.630 degrees west); and 3) authorizing the use of the remaining 9,212 acre-feet of water per annum now authorized for industrial use from Lake Ray Hubbard for municipal or industrial use. APPLICATION BY SOUTH LOOP LAND AND CATTLE, L.C. to amend Certificate of Adjudication Number 19-2151, pursuant to Texas Water Code, sec.11.122, and Texas Natural Resource Conservation Commission Rules 30 TAC sec.sec.295.1, et seq. Certificate of Adjudication Number 19-2151 authorizes South Loop Land and Cattle, L.C. to maintain an existing dam and reservoir (Canvasback Lake) on Sauz Creek, tributary of Rincon Creek, tributary of the Medina River, tributary of the San Antonio River, San Antonio River Basin, and impound therein not to exceed 275 acre-feet of water in Bexar County, Texas. The certificate includes a time priority of 1910. The applicant seeks to amend Certificate Number 19-2151, to add authorization to divert and use not to exceed 1,950 acre-feet of water per annum from a diversion point on the lake and a diversion point on Leon Creek for diversion to the lake for subsequent irrigation or directly to the fields for irrigation of 650 acres of land within three tracts totaling 1039.888 acres in the Juan M. Urriegas Survey Number 32, Abstract Number 769, and the Fernando Rodriquez Survey Number 6, Abstract Number 15, approximately ten miles south of San Antonio in Bexar County, Texas. The water will be diverted at a maximum rate of 11.1 cfs (5,000 gallons per minute) from each point. Diversion Number 1 will be from Leon Creek, tributary of the Medina River located South 2 degrees West, 10,000 feet from the southwest corner of the aforementioned Juan M. Urriegas Survey, also being at Latitude 29.273 degrees north and Longitude 98.512 degrees west. Diversion Number 2 will be directly from Canvasback Lake and is located South 22 degrees East, 2,000 feet from the aforementioned Juan M. Urriegas Survey, also being at Latitude 29.297 degrees north and Longitude 98.505 degrees west. The land was conveyed to the applicants as evidenced in a Correction Assumption Warranty Deed dated June 30, 1993, filed with the Bexar County Clerk's Office on August 23, 1993. Furthermore, the applicant has agreed not to divert water from Leon Creek when the flow downstream of the diversion point on the creek is less than ten cubic feet per second. The applicant has also requested that the impounded surface waters (Canvasback Lake) also be used for recreational purposes. APPLICATION BY WELLS BRANCH MUNICIPAL UTILITY DISTRICT to seek a permit pursuant to Texas Water Code, sec.11.143, and Texas Natural Resource Conservation Commission Rules 30 TAC sec.sec.295.1, et seq. to request to use an existing reservoir (known as Mills Pond) on an unnamed tributary of Wells Branch, tributary of Walnut Creek, tributary of the Colorado River, Colorado River Basin for in-place recreational use. The Application Number 5542 has been assigned to this application. The existing reservoir was constructed in Travis County pursuant to Texas Water Code, sec.11.142, approximately 13 miles north- northeast of Austin, Texas. The dam for the reservoir is in the J. P. Whelin Survey Number 108, Abstract Number 824, and Station 11+30 on the centerline of the dam is at Latitude 30.450 degrees west and Longitude 97.674 degrees north, also being north 40 degrees east, 2,380 feet from the west corner of the aforesaid survey. The reservoir has a surface area of 3.8 acres and a capacity of 15 acre-feet at the principal spillway elevation of 831 above mean sea level. The Executive Director will issue the permit unless a written hearing request is filed within 30 days after newspaper publication of this notice. To request a hearing, you must submit the following: your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; the name of the applicant and the permit number; the statement "I/we request a public hearing"; a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; the location of your property relative to the applicant's operations; and your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 4301, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Issued in Austin, Texas, on December 29, 1995. TRD-9516854 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 29, 1995 Notice of Application for Waste Disposal Permits Notices of applications for waste disposal permits issued during the period of December 22-29, 1995. These applications are subject to a Commission resolution adopted August 18, 1993, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after publication of this notice. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address, and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing"; a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. In the event a hearing is held, the Office of Hearings Examiners will submit a recommendation to the Commission for final decision. If no protests or requests for hearing are filed, the Executive Director will sign the permit 30 days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number and type of application-new permit, amendment, or renewal. PHILLIPS 66 COMPANY, the permittee currently operates three non-commercial non- hazardous waste disposal wells, located on company property approximately 2.5 miles northeast of Borger, Texas, new, WDW-325. CAMCO INTERNATIONAL, INC., the applicant operates an oil and gas well drilling tool manufacturing facility, the plant site is at 6501 Navigation Boulevard in the City of Houston in Harris County, Texas, amendment, 00635. CITY OF CONROE, the wastewater treatment facilities are immediately north of the confluence of Lake Creek with the San Jacinto River, at the end of Old Magnolia Road, approximately 2 1/2 miles west of Interstate Highway 45 and approximately 2 1/2 miles south of Farm-to-Market Road 2854 in Montgomery County, Texas, amendment, 10008-02. CITY OF HOUSTON, the wastewater treatment facilities are at 7410 Galveston Road (State Highway Number 3) in the City of Houston in Harris County, Texas, renewal, 10495-050. BAYER CORPORATION, the applicant operates a plant which manufactures organic chemicals, plastics and inorganic chemicals, the plant site is east of Cedar Bayou, approximately 0.5 mile south of the intersection of Farm-to-Market Road 1405 (West Bay Road) and Farm-to-Market Road 565 northeast of the City of Baytown, Chambers County, Texas, amendment, 01499. ENTERPRISE PRODUCTS COMPANY, the applicant operates a truck terminal facility, the plant site is at 6355 Walden Road in the City of Beaumont in Jefferson County, Texas, renewal, 01912. CITY OF ORCHARD, the wastewater treatment facilities are approximately 4, 000 feet southeast of the intersection of State Highway 36 and Farm-to-Market Road 1489, approximately 3,500 feet southwest of the City of Orchard in Fort Bend County, Texas, renewal, 11545-01. PONDEROSA JOINT POWERS AGENCY, the wastewater treatment facilities are at 17940 Butte Creek Drive in Houston, immediately south of Cypress Creek and approximately 2.3 miles west of Interstate Highway 45 in Harris County, Texas, renewal, 11081-01. PRATER-PIRKLE LAND COMPANY, the dairy is eight miles south of Comanche on U. S. Highway 377, then two miles north of U.S. Highway 377 on an unnamed county road in Comanche County, Texas, new, 03857. SURREY, INC., specialty (personal care soaps) manufacturing plant, the plant site is on the northwest side of Trails End Road, approximately 1,100 feet south of the intersection of Farm-to-Market Road 1431 and Trails End Road in Travis County, Texas, renewal, 03503. Issued in Austin, Texas, on December 29, 1995. TRD-9516857 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 29, 1995 Notice of Opportunity to Comment on Permitting Actions-For the Week Ending December 29, 1995 The following applications are subject to a Commission resolution adopted August 30, 1995, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue the permits unless one or more persons file written protests and/or requests for hearing within ten days of the date notice concerning the application(s) is published in the Texas Register. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address, and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing"; a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. If no protests or requests for hearing are filed, the Executive Director will sign the permit ten days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing on this application should be submitted in writing to the Chief Clerk's Office (Mail Code 105), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. MEADOWLAND UTILITY CORPORATION for a minor amendment to Permit Number 13632-01 to decrease the discharge of treated domestic wastewater effluent from a volume not to exceed 100,000 gallons per day average to a volume not to exceed 23,400 gallons per day average. The wastewater treatment facilities are approximately 7,600 feet west of the intersection of State Highway 35 and the American Canal, approximately 1.9 miles north of the intersection of State Highway 6 and McCormick Street in Brazoria County, Texas. Consideration of the application of T-Farms Treatment Plant, Inc. to Transfer Sewer CCN Number 20523 from Adrian Coleman doing business as Thoroughbread Farms Utility in Travis County, Texas (Application Number 31020-S, Doug Holcomb). Consideration of the application of Rosa Lee Eissler for a Water Certificate of Convenience and Necessity in Bee County, Texas (Application Number 30852-C, Doug Holcomb). FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 25 for a minor amendment to Permit Number 12003-01 to add an outfall (Outfall 002) in the interim phase. In the interim phase, Outfall 001 would regulate the discharge of treated domestic wastewater effluent at a volume not to exceed 358,000 gallons per day average, and Outfall 002 would regulate the discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 100,000 gallons per day average. The final phase consists of one outfall (Outfall 001) and authorizes a discharge volume not to exceed 500,000 gallons per day average, which will remain the same. The wastewater treatment facilities are approximately 2,900 feet east of Farm-to-Market Road 1464 and approximately 400 feet north of Old Richmond Road (Richmond-Gains Road) in Fort Bend County, Texas. APPLICATION NUMBER 23-2792B BY HORACE OWENS DOING BUSINESS AS BORDER ENERGY SERVICES, INC. FOR AN AMENDMENT TO CERTIFICATE OF ADJUDICATION NUMBER 23-2792, AS AMENDED PURSUANT TO TEXAS WATER CODE, sec.11.122. Applicant seeks authorization to divert 40 acre-feet of mining water per annum from any point on the Rio Grande in Hidalgo, Starr, and Zapata counties, and to change the place of use to these three counties. Horace Owens doing business as Border Energy Services, Inc. owns 45 acre-feet (40 acre-feet for mining purposes) of Class "B" water rights authorized under Certificate Number 23-2792, as amended, for mining use (Renee' Tuggle). APPLICATION NUMBER 23-2726C BY TONYA DUMAS FOR AN AMENDMENT TO CERTIFICATE OF ADJUDICATION NUMBER 23-2726, AS AMENDED PURSUANT TO TEXAS WATER CODE, sec.11. 122. Applicant seeks authorization to divert and use her 30 acre-feet of mining water per annum from any point on the Rio Grande in Hidalgo, Starr, and Zapata counties, and to change the place of use to these three counties. Tonya Dumas owns 30 acre-feet of Class "A" priority mining water for use in Zapata County. (RENEE' TUGGLE). Issued in Austin, Texas, on December 29, 1995. TRD-9516855 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 29, 1995 Provisionally-Issued Temporary Permits to Appropriate State Water The following permits were issued during the period of December 27, 1995. Application Number TA-7581 by Armadigger, Inc. for diversion of ten acre-feet in a one-year period for industrial (water well drilling) purposes. Water may be diverted from various creeks and rivers as referenced on the attached map in Bandera County, Texas, San Antonio River Basin and Nueces River Basin. Application Number TA-7593 by Smith and Company for diversion of two acre-feet in a one-year period for industrial (highway construction) purposes. Water may be diverted approximately 1.4 miles northeast of Anderson in Grimes County, Texas, Brazos River Basin. Application Number TA-7595 by Foremost Paving, Inc. for diversion of ten acre- feet in a one-year period for industrial (highway construction) purposes. Water may be diverted from the Pilot Channel of the North Floodway, approximately three miles south of McAllen in Hidalgo County, Texas, Nueces-Rio Grande Coastal Basin. Application Number TA-7596 by Enron Oil and Gas Company for diversion of ten acre-feet in a one-year period for mining (oil and gas well drilling, M.K. Daniel #1) use. Water may be diverted from the Pecos River at the Pecos/Val Verde County Line, approximately 44 miles south-southwest of Ozona, Val Verde County, Texas, Rio Grande Basin. Application Number TA-7597 by Dubose Drilling Co., Inc. for diversion of ten acre-feet in a three-month period for mining (oil and gas well drilling) purposes. Water may be diverted from the Pecos River at SH 349 crossing, approximately seven miles south of McCamey, Texas, Rio Grande Basin. Application Number TA-7598 by Duininck Bros., Inc. for diversion of three acre- feet in a six-month period for industrial (highway construction, FM 730) purposes. Water may be diverted from the Walnut Creek crossing of FM 730, 25 miles northwest of Ft. Worth, Tarrant County, Texas, Trinity River Basin. Application Number TA-7601 by Austin Bridge and Road for diversion of one acre- foot in a one-year period for industrial purposes. Water may be diverted from the San Bernard River crossing of US 59, located approximately 21 miles southwest of Richmond, Fort Bend County, Texas, Brazos-Colorado Coastal Basin. The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed previously and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be cancelled without notice and hearing. No further diversions may be made pending a full hearing as provided in sec.295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Issued in Austin, Texas, on December 29, 1995. TRD-9516852 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 29, 1995 Railroad Commission of Texas Correction of Error The Railroad Commission of Texas proposed an amendment to sec.9.239, relating to appliance connectors. The rule appeared in the December 1, 1995, issue of the Texas Register (20 TexReg 10177). In the forth paragraph of the preamble, line seven the sentence concerning small business was printed incorrectly, it should read: "There is no anticipated economic cost to small businesses or to individuals because use of this additional method will be voluntary." In the information sentence of the sigblock the phone number was printed incorrectly, it was published as "469-7008" instead of "463-7008".